Bennett v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
-Appeal from trial term, New York county. Action by Isabella Bennett against the Third Avenue Railroad '■'■Company. From a judgment for plaintiff and an order denying a new trial, defendant appeals.
1Opinion of the CourtO’Brien, J.
The single question was whether or not the car stopped. If it stopped, as the plaintiff cláiíns,' it should not have started again till she was quite clear from it. And, as there was a direct conflict as to the issue thus presented, clear and positive testimony being given both ways, the question was one properly to be submitted to. the jury. In some respects this case resembles that of Martin v. Railroad Co., 3 App. Div. 448, 38 N. Y. Supp. 220, wherein it appeared, as stated by the headnote, “that the plaintiff, who was the only witness in her own favor, and was in effect contradicted by a…
2Cases cited1 opinion
- Martin v. Second Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Brady v. Metropolitan Street Railway Co.City of New York Municipal Court · 1900
- Brady v. Metropolitan Street-Railway Co.City of New York Municipal Court · 1900